Legal Opinion · Dissent

J.R. Maffei Richard Maffei Betty J. Maffei v. Northern Insurance Company of New York Maryland Casualty Co.

Court of Appeals for the Ninth Circuit

Decided December 27, 1993No. 92-15651Published

1DissentFarris, Circuit Judge

I dissent because Dr. Clark’s declaration did not provide evidence that a fire took place in the drum.

We may affirm the district court’s decision on any grounds supported in the record even if the district court reached its decision for different reasons. See United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992) cert. denied, — U.S. -, 113 S.Ct. 1945, 123 L.Ed.2d 651 (1993); Lofton v. Heckler, 781 F.2d 1390 (9th Cir.1986). Assuming ar-guendo that the majority has correctly concluded that the expert testimony was improperly struck, Maffei has failed to allege that a fire took place in…

2Cases cited5 opinions

  1. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  2. United States of America, and Lummi Indian Tribe, Intervenor-Appellant v. State of WashingtonCourt of Appeals for the Ninth Circuit · 1992
  3. Jimmy Dale Lofton, in Pro Se v. Margaret M. Heckler, as Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1986
  4. Hartford Fire Insurance Corp. of New York v. Electrical District No. 4Court of Appeals of Arizona · 1969
  5. Washington State Hop Producers, Inc. v. Harbor InsuranceCourt of Appeals of Washington · 1983

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